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修改完善《反不正当竞争法》必须总结过去的立法经验和正视现实的问题,实现在继承基础上的创新。该法虽然制定于我国市场经济目标模式确立的初期,但有立法体例务实、有限干预市场、未限制竞争关系和目标定位准确等立法经验,其中有些经验和精神仍需坚持和发扬光大。修改完善《反不正当竞争法》必须着重处理好政府与市场的关系,进行限制一般务款适用的制度设计,在适当限制行政处罚的范围的同时加大处罚力度,增强私法救济的有效性,以及维持市场竞争的一般性法律的定位。
Amending and Perfecting the “Anti-Unfair Competition Law” must sum up past legislative experience and face up to the real issues and realize innovation based on inheritance. Although the law was formulated in the initial stage of the establishment of the target model of the market economy in our country, there are some legislative experiences such as legislation and practice, limited market intervention, unrestricted competition and accurate targeting. Some of the experiences and spirits still need to be adhered to and developed. Amending and Perfecting the “Anti-Unfair Competition Law” must focus on handling the relationship between the government and the market and limit the design of the system applicable to general service payments. While appropriately restricting the scope of administrative penalties, it will also increase penalties and enhance the effectiveness of private law remedies. As well as the general law of maintaining market competition.